Art. 414.

All things which are or may be the object of appropriation are

considered either:
(1) Immovable or real property; or
(2) Movable or personal property. (333)
Things – All objects that exist.
Property – All those that are appropriated or are in the possession of man.
Civil Code – Things and Property is identical to each other.
Requisites to be considered juridically a thing or a property.
Utility
Individuality and Substance
Susceptibility of being appropriated
Common Things – Not things or property in the juridical concept. Not susceptible of
appropriation. (sun & stars)
Human Body – Not considered a thing. Some parts are considered when separated from it (hair
& teeth). It belongs to the person from whose body they were separated.
Appropriation – Considered as equivalent to occupation.
Classification of Property
(a) Mobility and non-mobility
1) movable or personal property (like a car)
2) immovable or real property (like land)
(b) Ownership
1) public dominion or ownership (like rivers)
2) private dominion or ownership (like a fountain pen)
(c) Alienability
1) within the commerce of man (or which may be the objects of contracts or
judicial transactions)
2) outside the commerce of man (like prohibited drugs)
(d) Existence
 1) present property (res existentes)
2) future property (res futurae)
(e) Materiality or Immateriality
1) tangible or corporeal (objects which can be seen or touched, like the paper on
which is printed a P1,000 Bangko Sentral Note)
2) intangible or incorporeal (rights or credits, like the credit represented by a
P1,000 Bangko Sentral
(f) Dependence or Importance
1) Principal
2) Accessory
(g) Capability of Substitution
1) fungible (capable of substitution by other things of the same quantity and
quality)
2) non-fungible (incapable of such substitution, hence, the identical thing must
be given or returned)
(h) Nature or Defi niteness
1) generic (one referring to a group or class)
2) specific (one referring to a single, unique object)
(i) Whether in the Custody of the Court or Free
1) in custodia legis (in the custody of the court)
2) “free’’ property (not in “custodia legis’’).

Art. 415. The following are immovable property:

(1) Land, buildings, roads and constructions of all kinds adhered to the soil;
(2) Trees, plants, and growing fruits, while they are attached to the land or
form an integral part of an immovable;
(3) Everything attached to an immovable in a fixed manner, in such a way that
it cannot be separated therefrom without breaking the material or
deterioration of the object;
 (4) Statues, reliefs, paintings or other objects for use or ornamentation,
placed in buildings or on lands by the owner of the immovable in such a manner
that it reveals the intention to attach them permanently to the tenements;
(5) Machinery, receptacles, instruments or implements intended by the owner
of the tenement for an industry or works which may be carried on in a building
or on a piece of land, and which tend directly to meet the needs of the said
industry or works;
(6) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of
similar nature, in case their owner has placed them or preserves them with the
intention to have them permanently attached to the land, and forming a
permanent part of it; the animals in these places are included;
(7) Fertilizer actually used on a piece of land;
(8) Mines, quarries, and slag dumps, while the matter thereof forms part of
the bed, and waters either running or stagnant;
(9) Docks and structures which, though floating, are intended by their nature
and object to remain at a fixed place on a river, lake, or coast;
(10) Contracts for public works, and servitudes and other real rights over
immovable property. (334a)
Extent of Immovable – can be moved from place to place without injury.
Classification of Real Properties
(a) Real property by nature (like trees and plants)
(b) Real property by incorporation (like a building)
(c) Real property by destination or purpose (like machinery placed by the owner of a
tenement on it for direct use in an industry to be carried on therein)
(d) Real property by analogy (like the right of usufruct, or a contract for public works, or
easements and servitudes, or “sugar quotas)
Paragraph (1) Land, buildings, roads and constructions of all kinds adhered to the soil;
Properties are immovable by their nature. Buildings are always immovable.
Paragraph (2) Trees, plants, and growing fruits, while they are attached to the land or form an
integral part of an immovable;
Immovable by incorporation. Trees and plants when cut or uprooted become movable.
Ungathered Fruits – Fruits are movable. Have the nature of personal property.
Paragraph (3) Everything attached to an immovable in a fixed manner, in such a way that it
cannot be separated therefrom without breaking the material or deterioration of the object;
Immovable by incorporation. Cannot be separated from immovable without breaking or
deterioration. Need not to be placed by the Owner
Paragraph (4) Statues, reliefs, paintings or other objects for use or ornamentation, placed in
buildings or on lands by the owner of the immovable in such a manner that it reveals the
intention to attach them permanently to the tenements;
Can be separated from immovable without breaking or deterioration. Must be placed by the
owner or by his agent.
Paragraph (5) Machinery, receptacles, instruments or implements intended by the owner of the
tenement for an industry or works which may be carried on in a building or on a piece of land,
and which tend directly to meet the needs of the said industry or works;
Immovable by destination. Immovable condition depends upon their being destined for use in
the industry. When separated from the industry in which they are utilized, ther recover their
condition as movables.
Paragraph (6) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar
nature, in case their owner has placed them or preserves them with the intention to have them
permanently attached to the land, and forming a permanent part of it; the animals in these
places are included;
Refer to the animal themselves living in these breeding places.
Paragraph (7) Fertilizer actually used on a piece of land;
Immovable by destination. Fertilizers should be on the land. Fertilizers kept in farmhouse are
not immovable.
Paragraph (8) Mines, quarries, and slag dumps, while the matter thereof forms part of the bed,
and waters either running or stagnant;
Paragraph (9) Docks and structures which, though floating, are intended by their nature and
object to remain at a fixed place on a river, lake, or coast;
Paragraph (10) Contracts for public works, and servitudes and other real rights over immovable
property. (334a)

Art. 416. The following things are deemed to be personal property:

 (1) Those movables susceptible of appropriation which are not included in the
preceding article;
(2) Real property which by any special provision of law is considered as
personal property;
(3) Forces of nature which are brought under control by science; and
(4) In general, all things which can be transported from place to place without
impairment of the real property to which they are fixed. (335a)
General Test of Movable Character
Whether it can be carried from place to place
Whether the change of location can be effected without injury to an immovable to
which the object may be attacked
Whether the object is not included in any of the ten paragraphs of Art. 415
Forces of Nature – Electricity, gas, heat, oxygen, light, rays, etc. Considered movable.

Art. 417. The following are also considered as personal property:

(1) Obligations and actions which have for their object movables or
demandable sums; and
(2) Shares of stock of agricultural, commercial and industrial entities, although
they may have real estate. (336a)
Obligation – credits or bonds.
Demandable Sums – credit is matured or not, it is a personal property.

Art. 418. Movable property is either consumable or non=consumable. To the

first class belong those movables which cannot be used in a manner appropriate
to their nature without their being consumed; to the second class belong all the
others. (337)
Consumable and Non-consumables
Fungible – not having a distinct individuality
Non-Fungible – have their own individuality
Distinction between Consumable and Fungible – Under new CC consumable and non-
consumable mean substantially the same as fungible and non-fungible.
Art. 419. Property is either of public dominion or of private ownership. (338)
Public dominion – doesn’t carry the idea of ownership. It is not owned by the state but pertains
to state which as territorial sovereign exercises certain juridical prerogatives over such
property. Purpose is not to serve the State but the citizens. Intended for the common and
public welfare. Cannot be the object of appropriation. State should preserve them.

Art. 420. The following things are property of public dominion:

(1) Those intended for public use, such as roads, canals, rivers, torrents, ports
and bridges constructed by the State, banks, shores, roadsteads, and others of
similar character;
(2) Those which belong to the State, without being for public use, and are
intended for some public service or for the development of the national wealth.
(339a)
Public dominion – outside of commerce of man. Cannot be alienated or be the subject matter
of contracts. Cannot be acquired by prescription. Not subject to attachment and execution.
Cannot be burdened by any voluntary easement.
Property for Public Service – Par. 2 includes all property devoted to public service. Buildings
belonging to private persons rented by the State are not. Article doesn’t distinguish between
immovables and movables.

Art. 421. All other property of the State, which is not of the character stated in
the preceding article, is patrimonial property. (340a)
Patrimonial Property – State has the same rights as private individuals however the are
subjected to admin laws and regulations. Exists for the state for attaining its economic ends.
Subject to prescription. Can be objects of ordinary contracts.
Public Lands – Lands of public domain but be classified as private property off the state as soon
they are available for alienation or disposition. Only agricultural, industrial or commercial,
residential and resettlement lands of public domain may be alienated. Other natural resources
may not be alienated but their exploration, development, exploitation or utilization is allowed.

Art. 422. Property of public dominion, when no longer intended for public use or
for public service, shall form part of the patrimonial property of the State.
(341a)
Art. 423. The property of provinces, cities, and municipalities is divided into
property for public use and patrimonial property. (343)
Art. 424. Property for public use, in the provinces, cities, and municipalities,
consist of the provincial roads, city streets, municipal streets, the squares,
fountains, public waters, promenades, and public works for public service paid
for by said provinces, cities, or municipalities.
All other property possessed by any of them is patrimonial and shall be
governed by this Code, without prejudice to the provisions of special laws.
(344a)
Art. 425. Property of private ownership, besides the patrimonial property of the
State, provinces, cities, and municipalities, consists of all property belonging to
private persons, either individually or collectively. (345a)
Art. 426. Whenever by provision of the law, or an individual declaration, the
expression "immovable things or property," or "movable things or property," is
used, it shall be deemed to include, respectively, the things enumerated in
Chapter 1 and Chapter 2.
Whenever the word "muebles," or "furniture," is used alone, it shall not be
deemed to include money, credits, commercial securities, stocks and bonds,
jewelry, scientific or artistic collections, books, medals, arms, clothing, horses or
carriages and their accessories, grains, liquids and merchandise, or other things
which do not have as their principal object the furnishing or ornamenting of a
building, except where from the context of the law, or the individual
declaration, the contrary clearly appears. (346a)
Art. 427. Ownership may be exercised over things or rights. (n)
Art. 428. The owner has the right to enjoy and dispose of a thing, without other
limitations than those established by law.
The owner has also a right of action against the holder and possessor of the
thing in order to recover it. (348a)
Art. 429. The owner or lawful possessor of a thing has the right to exclude any
person from the enjoyment and disposal thereof. For this purpose, he may use
such force as may be reasonably necessary to repel or prevent an actual or
threatened unlawful physical invasion or usurpation of his property. (n)
Art. 430. Every owner may enclose or fence his land or tenements by means of
walls, ditches, live or dead hedges, or by any other means without detriment to
servitudes constituted thereon. (388)
Art. 431. The owner of a thing cannot make use thereof in such manner as to
injure the rights of a third person. (n)
Art. 432. The owner of a thing has no right to prohibit the interference of
another with the same, if the interference is necessary to avert an imminent
danger and the threatened damage, compared to the damage arising to the
owner from the interference, is much greater. The owner may demand from the
person benefited indemnity for the damage to him. (n)
Art. 433. Actual possession under claim of ownership raises disputable
presumption of ownership. The true owner must resort to judicial process for
the recovery of the property. (n)
Art. 434. In an action to recover, the property must be identified, and the
plaintiff must rely on the strength of his title and not on the weakness of the
defendant's claim. (n)
Art. 435. No person shall be deprived of his property except by competent
authority and for public use and always upon payment of just compensation.
Should this requirement be not first complied with, the courts shall protect and,
in a proper case, restore the owner in his possession. (349a)
Art. 436. When any property is condemned or seized by competent authority in
the interest of health, safety or security, the owner thereof shall not be entitled
to compensation, unless he can show that such condemnation or seizure is
unjustified. (n)
Art. 437. The owner of a parcel of land is the owner of its surface and of
everything under it, and he can construct thereon any works or make any
plantations and excavations which he may deem proper, without detriment to
servitudes and subject to special laws and ordinances. He cannot complain of
the reasonable requirements of aerial navigation. (350a)
Art. 438. Hidden treasure belongs to the owner of the land, building, or other
property on which it is found.
Nevertheless, when the discovery is made on the property of another, or of the
State or any of its subdivisions, and by chance, one-half thereof shall be allowed
to the finder. If the finder is a trespasser, he shall not be entitled to any share of
the treasure.

If the things found be of interest to science of the arts, the State may acquire
them at their just price, which shall be divided in conformity with the rule
stated. (351a)
Art. 439. By treasure is understood, for legal purposes, any hidden and
unknown deposit of money, jewelry, or other precious objects, the lawful
ownership of which does not appear. (352)